Sri M S Ravikumar vs Sri M K Rudrappa
2024 Latest Caselaw 18758 Kant

Karnataka High Court

Sri M S Ravikumar vs Sri M K Rudrappa on 26 July, 2024

Author: H.P.Sandesh

Bench: H.P.Sandesh

                                             -1-
                                                          NC: 2024:KHC:29507
                                                      RSA No. 1807 of 2022




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                             DATED THIS THE 26TH DAY OF JULY, 2024

                                            BEFORE

                              THE HON'BLE MR JUSTICE H.P.SANDESH

                          REGULAR SECOND APPEAL NO.1807 OF 2022 (INJ)

                   BETWEEN:

                   1.   SRI M S RAVIKUMAR,
                        S/O LATE M D SHADAKSHARAPPA,
                        AGED ABOUT 61 YEARS,
                        AGRICULTURIST,
                        R/O TARALABALU CIRCLE,
                        NEAR SASALU RAILWAY STATION
                        B DURGA HOBLI, HOLALKERE TALUK
                        CHITRADURGA DISTRICT -577526
                                                                ...APPELLANT

                               (BY SRI. SIDDAPPA B.M., ADVOCATE)

                   AND:
Digitally signed
by DEVIKA M        1.   SRI M K RUDRAPPA,
Location: HIGH          S/O LATE KENCHAPPA,
COURT OF                AGED ABOUT 66 YEARS,
KARNATAKA               AGRICULTURIST,
                        R/O TARALABALU CIRCLE,
                        NEAR SASALU RAILWAY STATION,
                        B DURGA HOBLI, HOLALKERE TALUK,
                        CHITRADURGA DISTRICT -577526.
                                                              ...RESPONDENT

                              (BY SRI. NATRAJ G KOTRE, ADVOCATE)

                       THIS RSA IS FILED UNDER SECTION 100 OF CPC
                   AGAINST THE JUDGMENT AND DECREE DATED 09.09.2022
                   PASSED IN RA.No.83/2019 ON THE FILE OF THE SPECIAL 2ND
                   ADDITIONAL    DISTRICT    AND     SESSIONS     JUDGE,
                               -2-
                                             NC: 2024:KHC:29507
                                       RSA No. 1807 of 2022




CHITRADURGA, DISMISSING THE APPEAL AND CONFIRMING
THE JUDGMENT AND DECREE DATED 18.08.2018 PASSED IN
OS No.05/2013 ON THE FILE OF THE SENIOR CIVIL JUDGE
AND JMFC, HOLALKERE.

    THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:


CORAM: HON'BLE MR JUSTICE H.P.SANDESH

                        ORAL JUDGMENT

The appellant, respondent and their respective

learned counsel are present before the Court. The parties

have filed the memorandum of compromise petition under

Order 23 Rule 3 of CPC, wherein both of them have agreed

to mutate the property in their respective names as

mentioned in paragraph No.3 in respect of the plaintiff and

as mentioned in paragraph No.4 in respect of the defendant

and prayed this Court to modify the judgment and decree

of the respective Courts in terms of the compromise.

2. The contents of the compromise petition are

read out to the parties and the parties have understood the

terms of the compromise and hence the compromise

petition is accepted.

NC: 2024:KHC:29507

3. The second appeal is disposed of in terms of the

compromise petition. The Registry is directed to draw the

decree in terms of the compromise.

Sd/-

(H.P.SANDESH) JUDGE

MD